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HomeMy WebLinkAbout11-City Attorney (2) I . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN Subject: Report on Cases Closed by City Attorney Since January 1, 2000 and Related Matters Dept: CITY ATTORNEY Date: October 9, 2000 OR' "~. " , · L l'/...,.I..A Synopsis of Previous Council Action: None. Recommended motion: None. ~/J'~' ,) Signature Contact person: Robert L. Simmons Phone: 5355 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: None Source: Finance: Council Notes: IlJjlfl/tJO Agenda Item No. II . STAFF REPORT Council Meeting Date: October 16.2000 TO: Mayor and Common Council FROM: James F. Penman, City Attorney DATE: October 10, 2000 AGENDA ITEM: Report on Cases Closed by City Attorney Since January 1, 2000 and Related Matters Attached is a brief summary of all of the cases closed by the City Attorney's office from January 1, 2000 to the present. There are several additional cases that have been tentatively settled and some have been approved by the Common Council but are not yet closed. We are awaiting the final releases and dismissals before closing the files in which settlement has been approved. The City's record on settlements in both liability and worker's compensation cases has been excellent especially when compared to other cities. Closed Cases Januarv 1. 2000 to Present 1 City v. Gannett Outdoor AdvertisinlZ - SCV 07036 (SBSe) Description: Settlement: DemandlReserves: Reason for Settlement: Many years ago the City purchased land to expand the park. There was a billboard on this land. Billboard at Nunez Park removed by company- no cost to City. o City wanted the billboard removed from this entrance to the City and did not want a billboard in a City park. 2. Alicia Hemy v. City Description: Settlement: DemandlReserves: Reason for Settlement: Slip and fall. $7,000 $15,000 Settlement was less than potential loss at trial. 3. Geonzianna Pruitt. et aI. v. City Description: Settlement: DemandlReserves: Reason for Settlement: Mother interfered with the arrest of her son and was struck with a baton and sprayed with pepper spray. $60,000 $100,000 This matter was tried in October 1999 resulting in a hung jury on part of the case (baton) and defense verdict on the remainder (pepper spray). 4. Eddie Cramm v. City - SCV 54562 (SBSe) Description: Settlement: DemandlReserves: Reason for Settlement: Plaintifffell into an unlit, unguarded storm drain on the 2800 block of Victoria Avenue. $30,000 $75,000 There was a prior accident at this location and repairs were not made. This person then fell and suffered tom cartilage in his knee. 1 5. Barbara Ortiz v. City - CV 99-02154 NM (USDC) Description: Settlement: DemandlReserves: Reason for Settlement: Plaintiff was a long term employee of the Police Department who suddenly resigned and said she was harassed. A supervisor ran a check on plaintiff on the state criminal data system. This was an unpermissible use of the system. $20,000 $30,000 The supervisor should not have used the state system for this purpose. 6. Audrey Payne v. City - (No Case No.) Description: Settlement: DemandlReserves: Reason for Settlement: Search of Premises without a warrant. $36,000 $50,000 After reviewing the facts, we felt a court would find a warrant was necessary. 7. Fire Insurance Exchange v. City - SCV49908 (SBSC) Description: Settlement: DemandlReserves: Reason for Settlement: Subrogation flood damage claim near Little Sand Canyon. o o The County maintains storm drain system. 8. Lawrence Webster v. Citv - SCVSS 56995 (SBSC) Description: Settlement: DemandlReserves: Reason for Settlement: Nuisance abatement, vehicles and trash removed. Case dismissed. o Statute oflimitations expired. 9. The Ar~s Group v. City - SCVSS 58194 (SBSC) Description: Settlement: DemandlReserves: Reason for Settlement: Injunctive Relief to prevent demolition of the plaintiff's property. The property was eventually rehabilitated. Not applicable. The City agreed to allow the rehabilitation to proceed. 2 10. Carol Lee Covey v. City - SCVSS 63977 (SBSe) Description: Settlement: Demand/Reserves: Reason for Settlement: Trip and fall at the Glen Helen Blockbuster Pavilion. Plaintiff dismissed the City. Not applicable. The City had no responsibility for this area. II. Joseoh Diaz v. City - SCV 48682 (SBSC Description: Settlement: Demand/Reserves: Reason for Settlement: Plaintiff tripped and fell on 3rd Street near Arrowhead where the pavement was uneven. $21,000 $60,000 Plaintiff broke his left ankle. He had serious problems following the accident due to arthritis. He was a mechanic who had to stand all day. Settlement represented 1/4 to 1/3 of total value of the case. 12. Lakeisha Tombv v. City - SCV 50332 (SBSe) Description: Settlement: Demand/Reserves: Reason for Settlement: Minor plaintiff ran into a pipe protruding from the ground at Speicher Park. A drinking fountain had been removed and the pipe was left. $23,000 $39,459 This was a dangerous condition created by the City. 13. Wm. Roger Earlv v. Thompson - SCV26115 (SBSC) Description: Settlement: Demand/Reserves: Reason for Settlement: Defendants failed to make loan payments. City had subordinate loans on property. City's loans were set aside by the foreclosure on first loan. o The foreclosure cut off City's rights on its subordinate loans. 3 ! 14. Patricia Angiollilo v. San Bernardino Mobile Home Board - SCV 51401 (SBSe) Description: Settlement: DemandlReserves: Reason for Settlement: Seeking to set aside rent increase at mobile home parks. Judgment for the City. o Plaintiff had an ample opportunity to raise these issues in administrative proceedings. 15. Andrew Lucero Hernandez v. City - SCV 36341 (SBSC) Description: Settlement: DemandlReserves: Reason for Settlement: Minor hurt during softball game at Encanto Park. o by City. o Insurance carrier for softball organization defended the City. 16. William Skiles v. Citv - (no case number) Description: Settlement: DemandlReserves: Reason for Settlement: Wrongful termination (suit never filed) o $30,000 City did nothing wrong. 17. Hector L. Serrano v. City - SCV 46669 (SBSe) Description: Settlement: DemandlReserves: Reason for Settlement: Police officer chased a stolen car and drove into plaintiff's house. Plaintiff suffered severe brain damage and died 2 years later. $4,500,000 plus medical care - City paid $1,000,000 of this. $1,000,000 + excess insurance Chasing the stolen car in an unknown neighborhood at high speed. 4 18. Josie Mae Dupree v. City - SCV 53261 (SBSe) Description: Settlement: Demand/Reserves: Reason for Settlement: Slip and fall. $750.00 $15,000 Hiring of experts would far exceed the settlement amount. 19. Barbara Mancini v. City - San Bernardino Superior Court Case No. SCV 55917 Description: Settlement: Demand/Reserves: Reason for Settlement: Trip and fall on raised sidewalk at 640 N. "F"Street. Dismissed by the court. o Plaintiff failed to prosecute the case. 20. Lisa RodrillUez v. City - SCVSS 59183 (SBSe) Description: Settlement: Demand/Reserves: Reason for Settlement: City vehicle struck plaintiff's vehicle. $15,000 $15,000 City's vehicle ran a stop sign. 21. M&M Bovs Supply v. Colorossi/City - SCISS65248 (SBSe) Description: Settlement: Demand/Reserves: Reason for Settlement: Supplies on construction job not paid for by contractor. Resolved as part of the settlement with the contractor. Not applicable. The contractor paid this supplier when the dispute with the City resolved. 22. City v. Robert RelZo. et al. - SCVSS 66964 (SBSe) Description: Settlement: Demand/Reserves: Reason for Settlement: Police took possession of a check from two parties. The City dismissed the case. o Mr. Rego agreed the check could be given to the other party. 5 23. Leroy Davis v. City - 00-1432 RT (USDC) Description: Settlement: DemandlReserves: Reason for Settlement: Plaintiff wanted for a parole violation. Police arrested plaintiff. His property was lost. $5,000 $10,000 This is a civil rights violation. Plaintiff s property should have been preserved when he was arrested. This case was settled very cheaply compared to the costs to defend it. 24. Essie Green. et aI. v. City - SCV 48491 (SBSC) Description: Settlement: DemandlReserves: Reason for Settlement: Several homeowners asked for additional compensation for their property along the extension of Orange Show Road. City granted summary judgment which is a judgment without a trial. $70,000 City had no liability. 25. City v. Talmadge Hul!hes - SCVSS 65760 (SBSC) Description: Settlement: DemandlReserves: Reason for Settlement: City sued dog owner over unrestrained potentially dangerous dog. City prevailed at court trial. Not applicable. The dog attacked an animal control officer. 26. Brenna P. v. Apple Valley Schools. Citv. et aI. - VCWS 020946 (SBSC) Description: Settlement: DemandlReserves: Reason for Settlement: Sexual harassment of minor at school. City dismissed. o City has nothing to do with the school district. 27. Mario Stevens v. City - SCVSS 59457, FSB141756 (SBSC) Description: Settlement: Demand/Reserves: Reason for Settlement: Prison inmate seeking return of cash seized at arrest. City prevailed at hearing. o The cash was forfeited to the City in a proper manner. 6 28. Deborah Richter v. City - SCV45876 (SBSC) Description: Settlement: DemandlReserves: Reason for Settlement: Slip and fall at Carousel Mall parking structure/entrance to mall. $20,000 (paid by maintenance contractor at mall). City paid O. Liquid leaked from a trash can. Contractor had just been to scene and should have seen it. 29. Summers Group. Inc. v. EDA - SCISS 66791 (SBSC) Description: Settlement: DemandlReserves: Enforcement of stop notice by sub-contractor. The money is withheld from general contractor until resolved. Included in contract price. 30. Kenneth Henderson. et al. v. EDA/City (Henderson II) - SCV 38695 (SBSC) Description: Civil Rights for wrongful termination. Settlement: City was granted summary judgment. DemandlReserves: 0 Reason for Settlement: There is a prior suit pending. No additional legal violations were committed. 31. Jorl!.e Serrano v. City - (No case No.) Description: Settlement: DemandlReserves: Reason for Settlement: Police searched the wrong apartment. $70,000 $275,000 Warrant said apartment 9, officer searched apartment 11. Four plaintiffs were traumatized. 32. Mark Bosse v. City - SCVSS 67086 (SBSC) Description: Settlement: DemandlReserves: Reason for Settlement: Police allegedly violated plaintiff's civil rights. $15,000 $30,000 It was questionable whether or not the officer had probable cause to take plaintiff into custody. 7 33. Mary S. Kent v. City - SBCI49969 (SBSe) Description: Settlement: Demand/Reserves: Reason for Settlement: Property damage and fraud in failure to connect to the sewer. Judgment in favor of the City. o City had no liability - statute oflimitations and other legal issues. 34. Michael Ponder v. City - SCVSS 61170 (SBSe) Description: Settlement: Demand/Reserves: Reason for Settlement: Excess force by police during arrest. Summary judgment for City. o Plaintiff was arrested for resisting arrest and convicted; therefore, no liability on part of City. 35. Innovative Interiors v. EOMAC - SCVSS 67120 (SBSe) Description: Settlement: Reason for Settlement: Mechanics lien from Cinema Star Theaters. City never served. Neither City nor EDA had any involvement other than as loan guarantor. 36. James Beckett v. SAWPA -.SCV 18510 (SBSe), E023554 (4th Dist. Ct. of Appeal) Description: Settlement: Demand/Reserves: Reason for Settlement: Declaratory Relief re sale ofland o Handled by outside law frrm for Water Department. Plaintiff was seeking attorney's fees in addition to writ of mandate. These were denied. There are several additional cases that have been tentatively settled but not yet closed. We are awaiting the final releases and dismissals before closing the files. 8